Bombay High Court
Shri Popat Eknath Vadje (Since Decd) ... vs Shri Bandu Shankar Datir And Ors on 15 January, 2024
Author: Amit Borkar
Bench: Amit Borkar
2024:BHC-AS:1773
25-wp(st)30188-2016.doc
VRJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO.30188 OF 2016
VAIBHAV
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Popat Eknath Vadje (Since Deceased)
Date: 2024.01.15
Through Legal Heirs ... Petitioners
18:24:46 +0530
V/s.
Bandu Shankar Datir & Ors. ... Respondents
Mr. Sachin Gite for the petitioners.
Mr. Prashant D. Patil for respondent Nos.1 to 3.
Mr. R. S. Pawar, AGP for the State.
CORAM : AMIT BORKAR, J.
DATED : JANUARY 15, 2024
P.C.:
1. The petitioners are challenging order passed by the authorities under the provisions of section 149 and section 150 of the Maharashtra Land Revenue Code, 1966.
2. Based on decree passed in Regular Civil Suit No.116 of 1998 delivering possession in favour of the respondents, the executing Court directed judgment debtors to deliver possession of the property in dispute. Accordingly, the Tehsildar executed decree for possession and delivered possession in favour of the plaintiff and the defendant in accordance with the terms of decree. Mutation Entry No.1323 was effected in the year 2002. The parties in whose favour possession was delivered also executed sale deeds in favour 1 ::: Uploaded on - 15/01/2024 ::: Downloaded on - 17/01/2024 05:07:25 ::: 25-wp(st)30188-2016.doc of other persons and accordingly Mutation Entry Nos.1755 and 1756 was effected.
3. The petitioner in 2005 filed an appeal after three years challenging Mutation Entry No.1323 mainly on the ground that on the date of delivery of possession one of the judgment debtor had died.
4. Authorities below considered this fact and recorded a finding that if possession was illegally delivered in favour of respondents herein. Remedy of the petitioners is to challenge such action before the Court by way of an appeal. The authorities under the act in their limited jurisdiction are not entitled to adjudicate upon substantive rights of the parties and, therefore, dismissed the appeal. Since the entry for delivery of possession was based on proceedings by executing Court and resultantly by the Tehsildar in execution of such decree, no fault can be found with the Mutation Entry No.1323. All the authorities below have rightly dismissed the claim of the petition.
5. It is well settled that the mutation entry under section 149 and section 150 Maharashtra Land Revenue Code, 1966 do not affect substantive rights of the parties and the persons aggrieved need to get their rights adjudicated before the Civil Court.
6. The writ petition is, therefore, dismissed. No costs.
(AMIT BORKAR, J.) 2 ::: Uploaded on - 15/01/2024 ::: Downloaded on - 17/01/2024 05:07:25 :::